IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130002704 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests change of his separation authority, code, and reason for separation.

2.  The applicant states:

	a.  he was not afforded the opportunity to change units or counseling;

	b.  he paid all of his debts and everything else was rectified;

	c.  although he does not have the orders, he was even awarded an Army Achievement Medal (AAM) while under a bar to reenlistment; and

	d.  he was denied access to Department of Veterans Affairs (VA) medical benefits because he has less than 24 months of active duty service.

3.  The applicant provides:

* Self-authored statement, dated 1 March 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error 

or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army (RA) on 1 March 1988.  He was trained in and awarded military occupational specialty 11B (Infantryman).

3.  The applicant’s record shows he was formally counseled 16 times during the period 5 August 1988 to 2 March 1989 for a myriad of disciplinary infractions that include:

* Uniform and personal appearance
* Skill qualification test score
* Failure to meet first sergeant's inspection
* Missing formation
* Failing to repair
* Indebtedness
* Writing bad checks on closed accounts
* Out of state travel without being on a pass or leave
* Being late when reporting for guard duty
* Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) referral

4.  On 8 March 1989, the applicant's commander recommended his bar to reenlistment, citing the following as his basis for the action:

* Continuous pattern of financial irresponsibility
* Poor military appearance
* Repeated absences from duty
* Repeated counseling which did not result in any appreciable improvement 
* No potential for advancement
* Extremely limited potential for continued service 

5.  On 8 March 1989, the applicant acknowledged receipt of the commander's recommendation indicating he was counseled on its basis.  He elected not to make a statement in his own behalf.

6.  On 15 March 1989, the appropriate authority approved the Bar to Reenlistment action.  On the same date, the applicant's unit commander informed him of the approved Bar to Reenlistment Certificate and advised him of his right to appeal the approved action.  The applicant elected not to appeal the action.

7.  On 26 September 1989, the applicant voluntarily requested separation under the provisions of Army Regulation 635-200 (Personnel Separation – Enlisted Personnel), chapter 16, paragraph 16-5b.  He indicated it had been 6 months since the imposition of his Bar to Reenlistment.  He further stated:

* He would not be able to overcome the Bar to Reenlistment action
* He tried to the best of his ability to cope with and adjust to life in the Army during the last 6 months
* He found himself back at square one
* The littlest things made him stress out almost to the point of no control
* He could get along with his supervisors
* He received two good counseling statements in 18 months
* He had been in the ADAPCP for 7 months that proved to be no help to him whatsoever
* He did not expect to get promoted due to his stress and inability to adapt to the Army
* He acknowledged he understood the recoupment of unearned portions of any enlistment bonus/selective reenlistment bonus was required
* Once separated he would not be allowed to reenlist at a later date

8.  On 27 September 1989, the applicant's discharge was approved by the battalion commander.

9.  On 10 October 1989, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-5b, by reason of a locally imposed bar to reenlistment.  He completed 1 year, 7 months, and 10 days of net active service with 2 months and 27 days of total prior active service.  He held the rank/grade of private first class (PFC)/E-3 on the date of his separation.

10.  His DD Form 214 shows in:

* item 25 (Separation Authority) the entry Army Regulation 635-200, paragraph 16-5b
* item 26 (Separation Code) the entry KGF
* item 28 (Narrative Reason for Separation) the entry "locally imposed bar to reenlistment"

11.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-5, in effect at the time, stated for Soldiers who were under a locally imposed bar to reenlistment who perceive that they will be unable to overcome a locally imposed bar to reenlistment may apply for immediate discharge.  The service of Soldiers discharged per this paragraph will normally be characterized as honorable.

13.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes), in effect at the time, provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code KGF is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-5b by reason of locally imposed bar to reenlistment. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant fully accepted his commander's recommendation for his locally imposed bar to reenlistment and that he voluntarily chose to request discharge based on his perception that he could not overcome the bar to reenlistment action.

2.  The evidence of record also shows that the applicant’s separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The regulation in effect at the time of the applicant’s separation stipulated that an SPD code of KGF would be assigned to members separating under the provisions of Army Regulation 635-200, paragraph 16-5b, by reason of a locally imposed bar to reenlistment.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

5.  Additionally, the ABCMR does make changes to records based solely on the passage of time nor does it correct records solely for the purpose of establishing eligibility for benefits from another agency.  The granting of veteran's benefits is not within the purview of the ABCMR; therefore, any questions regarding eligibility for health care and other benefits should be addressed to the VA.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20130002704



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ABCMR Record of Proceedings (cont)                                         AR20130002704



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